Thursday, November 03, 2005

Utah high court hears case of polygamous judge - MSNBC.com

“The question is whether polygamy rises to a different level of disrepute than something else,” attorney Rodney Parker said.

I disagree. The question is to whether or not he hs abiding by the law, not whether his breaking the law has tarnished his office. This is a "letter of the law" not "spirit of the law."

But those seeking to remove Steed argue that he shouldn’t break the laws he took an oath to uphold. “Judges are expected to live to a different standard,” said Colin Winchester, the commission’s executive director.

I agree. Even if not a different standard, at least the standard itself.

“As long as I can do my job, why should I (be removed)?” Steed asked outside the courtroom with one of his three wives standing by his side.

Would you say the same thing to a drug dealer who was also an elementary school teacher?

Both the Utah attorney general and the Washington County prosecutor have declined to prosecute Steed.

2 Comments:

One reason not to prosecute Steed - to do so will put the law on trial as well.

The arguement could be made that the law infringes on Steed's freedom of religion. In the 1890s, it was generally agreed that polygamy was illegal. But so was premarital sex. Given the changes in social custom, can this law continue to hold up?

The AG's decision not to prosecute fits in with the movement to decriminalize polygamy in Utah.

The AG has been supporting a pro-polygamist group of ladies calling themselves, Principle Voices, their aim being the decriminalization of Mormon polygamy.

"Refusing to prosecute a crime mandated by the Utah State Legislature is an example of a prosecutor usurping the legislature and in essence, legislating by policy. The Attorney General is doing what the Supreme Court is accused of doing, using its power to establish new legislation.

The proper way to decriminalize Mormon polygamy is to amend the Constitution and the bigamy statute. Of course, this method, although proper, would stimulate unwanted controversy. Either way, the AG is showing favoritism to the fundamentalists. They are protecting a unique brand of Mormon polygamy, not just generic polygamy. It is a type of polygamy that uses God to frighten women into a marriage for sexual purposes." --John Llewellyn